2006 Code of Virginia § 56-468.2 - Reimbursement for relocation costs

56-468.2. Reimbursement for relocation costs.

A. After July 1, 1998, certificated providers of telecommunications servicesshall receive reimbursement for eligible relocation costs incurred at thedirection of a locality that imposes by ordinance the Public Rights-of-WayUse Fee or the Department of Transportation for new installations as definedin 56-468.1 in any public rights-of-way in accordance with 56-458 and56-462 on the basis of age and according to the following schedule. Suchreimbursement shall be received from either (i) the locality that granted thepermit or franchise to use such right-of-way or (ii) the CommonwealthTransportation Board if the road or street is in the State Highway System orthe secondary system of state highways:

1. For the first three years after the completion of the installation, thecertificated provider of telecommunications service shall be reimbursed 100percent of the eligible cost for the relocation of facilities installed inthe public rights-of-way.

2. For the fourth through sixth year after the completion of theinstallation, the certificated provider of telecommunications service shallbe reimbursed 50 percent of the eligible cost for the relocation offacilities installed in the public rights-of-way.

3. Beginning in the seventh year, the certificated provider oftelecommunications service shall be responsible for the cost of relocatingfacilities installed in the public rights-of-way.

Such reimbursement shall be received from either (i) the locality thatgranted the permit or franchise to use such right-of-way or (ii) theCommonwealth Transportation Board if the road or street is in the StateHighway System or the secondary system of state highways.

B. The amount of relocation reimbursement in any fiscal year to be reimbursedunder this section shall not exceed the amount of Public Rights-of-Way UseFees received by that locality either directly or through its secondary roadfund apportionment in the preceding fiscal year. For facilities relocated in1998 and 1999 at the direction of the locality or the CommonwealthTransportation Board, this limit on relocation reimbursement shall be theestimated annualized fees to be collected in that locality in 1998 for 1998relocations and in 1999 for 1999 relocations. If the relocation reimbursementlimit will be exhausted on a relocation project where two or morecertificated providers of telecommunications service are eligible forrelocation reimbursement, then the moneys available under the cap shall beshared by those eligible providers by prorating the reimbursement based onthe reimbursement to which each provider would be entitled absent the limit.

(1998, cc. 742, 758.)